Updated May 6, 2020 @ 11:48am

California has new rules to help keep you protected during the COVID-19 crisis

If someone is hurting or threatening you and you feel you need an order to protect you:

  • An Emergency Protective Order may now be issued for your protection for up to 30 days (increased from 7 days). Call the police at 9-1-1- and explain you are in immediate danger. A police officer can request that a judge give you an Emergency Protective Order.  An Emergency Protective Order can be issued 24 hours per day, 7 days per week.
  • If you have a current restraining order set to expire:
    • Temporary Restraining Orders and gun violence emergency protective orders will be continued for up to 90 days, for time to have a hearing on the request for a long-term order.
    • Permanent Domestic Violence Restraining Orders (those issued after a hearing for up to 5 years), and Criminal Protective Orders will be automatically extended for up to 90 days, for time to request a renewal.

Each county in the Bay Area is implementing these rules differently. A current summary by county can be found below. These rules are changing, so you should double check that the information is current.

Please call our Domestic Violence Hotline at (888) 330-1940 for advice on your legal options.

 

Procedures for Emergency Protective Orders, Temporary Restraining Orders, and Other Family Law Matters During the COVID-19 Emergency
Alameda County
  • The Alameda County Superior Court is closed to the public from March 17, 2020 through May 1, 2020 with exceptions for TROs, emergency family law, and emergency probate filings. Beginning April 20, 2020 the Court will hold a limited number of family law hearings by telephonic or video appearance only.
    • New TROs: The Court will continue to accept requests for Temporary Restraining Orders via dropbox in the Rene C. Davidson Courthouse in Oakland and the Hayward Hall of Justice. Requests can also be submitted by fax. You should include a contact number on the TRO document. Once the request is reviewed and an order made, the clerk’s office will call the number provided to let you know the request is ready to pick-up. The Sheriffs on duty will facilitate getting the reviewed request to you at the front door of the Court. Fax filing is also available for TRO requests.
    • Pending TROs: Any active TROs which are set to expire before May 3, 2020 will be extended and heard after that day. The reissuances are being prepared by the Court and will be communicated to the parties.The reissuance and new requests will be entered into the CLETS system so that law enforcement is aware the temporary orders remain in effect
    • Other family law matters: During COVID-19, Alameda County has issued several emergency rules regarding changes in hearings, proof of service, and settlement conferences:http://www.alameda.courts.ca.gov/Resources/Documents/Emergency%20Rules%205.6%205.26%205.27%205.31%205.46%205.51%20and%205.66(2).pdf
    • Other updates:
      • If you have additional questions about the Court’s response to COVID-19, please email the Court at covid19questions@alameda.courts.ca.gov
      • Alameda County’s Family Justice Center’s physical office has reopened with a receptionist and a navigator available to greet people. All other services from the Family Justice Center, including Family Violence Law Center, are being conducted remotely.

 

Contra Costa County
  • Spinetta Family Law Building is closed to the public except to pick up Domestic Violence Restraining Orders or Ex Parte Temporary Emergency Orders. These orders may be picked up from 9:00 a.m. to 3:00 p.m. When picking up orders stand at least 6 feet away from the deput and give the deputy the case name. The deputy will retrieve the court order.
    • New TROs: TROs are being accepted by email, fax, mail or by drop box (located in front of the Peter Spinetta Family Law Building at 751 Pine Street, Martinez, CA). All email submissions must be submitted as a PDF file and emailed to familylawemergency@contracosta.courts.ca.gov
      • Domestic Violence Restraining Order documents can be completed online at: https://california.tylerhost.net/SRL/SRL/Start?legalProcessKey=Domestic_Violence_Restraining_Order_Request. When using this online tool, first create an account to save your documents. E-filing is not available, but forms can be filed by email, fax, mail, or by drop box.
      • Domestic Violence Restraining Order forms packets can be downloaded for printing at the Court’s webiste. Additional packets will be available for pick up at the Family Justice Centers (FJC) located in Antioch, Concord, and Richmond. Please contact FJC for the hours.
    • Pending TROs: Temporary restraining orders that would otherwise expire duirng the court’s closure have been reissued; notices are in the mail.
    • Other family law matters:If you have a hearing scheduled during this period, it will be reset to a later date. Notice of the new hearing date will be mailed to you or your attorney.

 

Napa County
  • Napa County Superior Court is closed to the public for anything other than time sensitive or emergency matters from Wednesday, March 18, through Friday April 10, 2020.
    • New TROs: The Court will continue to receive, review and issue ex parte temporary restraining orders, where appropriate. Ex parte applications may be filed through the Court’s E-Filing system or left in the Court’s after-hours drop box. Ex parte applications must be received by 10 am to be processed the same day.
    • Pending TROs: TROs set to expire between March 18, 2020 and April 10, 2020 will be extended for thirty days.
    • Other family law matters:
      • The Court will continue to receive, review and issue ex parte family law orders, where appropriate. Ex parte applications may be filed through the Court’s E-Filing system or left in the Court’s after-hours drop box. Ex parte applications must be received by 10:00 am to be processed the same day.
      • Check the online Court Calendars to confirm if you are required to appear for a scheduled hearing. If your case is on the list, you need to appear.
      • Family law bench officers will exercise discretion in continuing non-emergency Request for Order hearings currently set beginning Wednesday, March 18, 2020 through and including, Friday April 10, 2020. The Court clerk will notify you if your hearing is continued.
      • The Self-Represented Case Management Conference (CMC) Calendar set for April 6, 2020 is continued to June 1, 2020. The May 4, 2020 Self-Represented CMC Calendar is continued to July 1, 2020. The Court clerk will mail notice of the continued hearings.
      • The Represented CMC Calendar set for April 1, 2020 is continued to June 3, 2020 and the May 6, 2020 Represented CMC Calendar is continued to July 6, 2020. The Court clerk will mail notice of the continued hearings.
      • All family law mediations set beginning March 18, 2020 through and including Friday April 10, 2020 will be rescheduled. Family Court Services will contact you to reschedule mediations.
    • Other court updates:
      • Limited self-help service will be available by phone from 8:00 a.m. to 12:00 a.m. daily at 707-299-1137 or email Selfhelp@napa.courts.ca.gov
      • By emergency rule, California is temporarily mandating electronic service of nonjurisdictional notices and documents between represented parties in general civil, probate and family law matters. Please refer to Emergency rule 12 for more specifics and information regarding electronic service on unrepresented parties.
      • During the state of emergency related to the COVID-19 pandemic, documents filed in connection with ex parte applications may be signed electronically by a party or a party’s attorney.

 

San Francisco County
  • San Francisco County Superior Court is closed except for essential operation
    • Emergency Protective Orders (EPOs): Ex parte requests may be submitted without reserving a court hearing pursuant to the notice requirements of SF Local Rule 11.8(A). Ex parte requests for orders, Responses, and Replies must be delivered to the designated drop box located on the 1st Floor at CCC, 400 McAllister Street pursuant to the deadlines contained in SF Local Rule 11.8(A). The Court’s Order may be picked up from the Clerk’s Office outside Room 103, 400 McAllister Street, after 1:30 p.m. each day.
    • New TROs: New TROs will be processed.
    • Pending TROs:
      • TROs set to expire between March 16, 2020 and April 15, 2020 will be extended for 21 days
      • DVROs where custody or visitation is at issue will continue to be heard at 8:30 on Wednesdays in Dept 403.
    • Other family law matters:
      • All matters except for TROs, ex parte hearings, child abduction proceedings, and DVROs where custody is at issue will be continued for 30 days on a rolling basis.
      • DCSS support hearings will be continued for 30 days on a rolling basis. Some DCSS matters may proceed on a telephonic appearance basis.
      • The Clerk’s office in 402 is closed until 4/15, a drop box is available for filings
    • Other updates: 
      • ACCESS Center is closed until 4/15
      • The Police Records office is closed. If you need your police reports, use the SFPD website or call 415- 575-7232.

 

San Mateo County
  • Courts are closed until May 21st. There are certain exceptions deemed essential. TRO’s and ex partes re: custody and visitation are within the exceptions, but litigants and attorneys who come to court for those reasons must be escorted by security to the clerk’s office door.
    • New TROs: TRO’s and ex parte requests are being processed. DVRO/TRO requests can be submitted via e-filing or in person. Ex partes can only be submitted in person. Anyone wishing to file a DVRO or ex parte request or pick one up must tell security they are there for an emergency order or restraining order and security will escort them to the clerk’s office where they must call the phone number posted on the door.
    • Pending TROs: Parties are instructed to appear on their scheduled hearing date where they will be given a continuance. The court is generally continuing DVRO hearings 30 days at a time. No DVRO requests will be heard before May 21st. The supervising family law judge will be asking DVPA bench officers to hear in-person matters first. If the DVRO matter contains a custody request, an FCS appointment via telephone or Zoom will only be made if both parties consent. Otherwise, parties must wait until FCS reopens.
    • Other family law matters:
      • Child custody RFOs where no initial custody orders have been made or where there is a request for emergency modification based on a documented report of abuse, abandonment, or neglect will continue to be heard as scheduled. All others set between now and May 21 will be postponed and rescheduled for a later date.
      • All court trials, status conferences, and MSCs scheduled between now and May 21 will be postponed and rescheduled to a later date.
      • All pending RFOs dealing only with property division, attorney’s fees, and support scheduled between now and May 21 will be postponed and rescheduled for a later date.
      • Family Support/DCSS matters where a participant is in custody will continue to be heard as scheduled. All others scheduled between now and May 21 will be postponed and rescheduled for a later date.
    • Other court updates:
      • Hours at the Family Law Facilitator’s Office in Redwood City will be reduced. The South San Francisco Family Law Facilitator’s Office will be closed. The Family Law Facilitator’s Office will transition all servicesto Live Chat. Live Chat hours will be Monday thru Thursday 8:30 AM to 12 PM and 1 to 4 PM, and Fridays 8:30 AM to 12 PM.2)Family Court Services will continue to provide services, but will do so remotely via telework. All parties with FCS appointments should expect to be contacted by FCS in advance of the appointment to arrange logistics for use of technology to conduct appointments remotely.Appointments that cannot be accomplished remotely will be rescheduled.
Santa Clara County
  • Santa Clara County Superior Court is closed to the public except for essential services. Access inside the courthouse is limited only to those required to appear in person for a hearing (parties, attorneys, and subpoenaed witnesses).
    • New TROs: New TROs will be processed.
    • Pending TROs: Temporary restraining orders that would otherwise expire from March 16, 2020 through April 5, 2020 are extended for 21 days.
    • Other family law matters: All non-essential operations suspended, which does not include DVROs; juvenile dependency detentions; and emergency mental health reviews. Check online register of actions to see if matter has been continued.
    • Other court updates:
      • Email covid@scscourt.org to request continuance of matters.
      • The Court has issued an order allowing telephonic appearances via Court Call in all Family Division cases through April 8.